Expulsion



expulsions.jpg
expulsion cartoon

Ways to get expelled:



(1) possessed certain weapons on school grounds or at a school-sponsored activity
dynamite.jpgFirearm - any weapon that can expel a projectile by explosive; a firearm frame, receiver, muffler,or silencer; or any destructive device, which includes explosives, incendiaries, and poison gases
switchblade.jpgDeadly Weapon - one from which a shot can be discharged, a switchblade or gravity knife, billy, blackjack, bludgeon, or metal knuckles

Police_dog_attack.jpgDangerous Instrument - something that, under the circumstances in which it is used, can cause death or serious injury, including an attack dog or a vehicle
CrackleNunchaku2.jpgMartial Arts Weapon
- a nunchaku, kama, kasari-fundo, octagon sai, tonfa, or Chinese star

(2) carried such a weapon off school grounds without a permit or used it to commit a crime
(3) sold or distributed, or tried to sell or distribute, illegal drugs on or off school grounds
(4) is dangerous to people or property
(5) seriously disrupts the educational process
(6) violates a publicized school board policy
(7)misconduct outside school if it both violates a publicized board policy and seriously disrupts the educational process



Special Education Expulsions


If a student has a disability the school may not expel him/her if the incident was caused by his/her disability. When considering expelling a student with a disability, there must be a Planning Placement Team (PPT) meeting held first. They must do this so they can decide if the incident was caused by the disability. If it was caused by the disability the individualized education Plan (IEP) would be changed to address the problem instead of expelling the child.

Suspension vs. Expulsion


There is one main difference between suspension and expulsion. The difference is the length out of school. Suspension may only last up to ten days while an expulsion may last up to one year.

The Hearing

All expulsions must have a formal hearing unless it is an emergency expulsion. Even the emergency expulsions must have a hearing as soon as possible after the expulsion. They must confirm the requirements of the state Uniform Administrative Procedure Act. The hearings must be held by the local school board or an impartial hearing board. There must be at least three school board members present at the hearing. The decision must be made by a majority vote, and there must be a minimum of three votes for the expulsion. Police may testify or provide information about the arrest at the hearing when requested if the student was arrested.

Duration

The student must be expelled for one calendar year if the expulsion is mandatory. An expulsion board may modify expulsions on a case-by-case basis. The type of alternative education must be looked at when deciding how long an expulsion should be. They also look at past problems leading to suspensions or expulsions. Expelled students can apply for early re-admission, and the re-admission can occur at the school board or superintendant’s discretion.

Alternative Education

An alternative education plan must be provided for a student who is under the age of 16, students with the age 16-18 if it’s their first time getting expelled (unless expelled for carrying a dangerous weapon or selling illegal drugs), and special education students until they are 21. Students who are 18 do not have to receive an alternate education plan, unless they are special education students. Eligible students between 16 and 18 may be put in an adult education program.



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